Created by Fuzzy Cloud

Patna High Court

Shivnandan PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner, being the vehicle owner but not present at the time of the alleged offence and having a clean antecedent, is entitled to pre‑arrest bail under Section 30(a) of the Bihar Prohibition and Excise Act, subject to conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Shivnandan Paswan, applied for pre‑arrest bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 68.875 litres of illicit liquor were seized from a vehicle he owned. The driver, Golden Kumar, was arrested at the scene and implicated the petitioner as the vehicle’s owner, although the petitioner was not present at the time of the seizure. The petitioner’s counsel argued that he had no knowledge of the liquor being transported, had a clean antecedent, and that the driver had already been granted regular bail. The State opposed the bail, but the court noted the petitioner’s lack of personal involvement and the State’s failure to enforce its liquor policy. Consequently, the court ordered that the petitioner be released on pre‑arrest bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS and verification of his criminal antecedents.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s clean antecedent and lack of personal participation justify granting bail.
  • Whether Section 482(2) of the BNSS can be invoked to impose conditions on the bail.

Subjects

  • pre‑arrest bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • vehicle ownership
  • clean antecedent
  • Section 482(2)
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21266 of 2026
                 Arising Out of PS. Case No.-245 Year-2025 Thana- MAGADH UNIVERSITY District- Gaya
                 ======================================================
                 Shivnandan Paswan S/o Badri Paswan R/o Village - Punakala, P.S - Paraiya,
                 District - Gaya

                                                                               ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ajay Kumar Sinha, Advocate
                                                 Ms. Anjali Kumari, Advocate
                                                 Ms. Sanjana, Advocate
                 For the Opposite Party/s :      Mr.Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   16-04-2026                    Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                  2. The petitioner seeks pre-arrest bail in connection

                   with Magadh University P.S. Case No. 245 of 2025 registered

                   for the offence(s) punishable under Sections 30(a) of the Bihar

                   Prohibition and Excise Act.

                                  3. As per the allegation made in the FIR, altogether

                   68.875 litres of illicit liquor was recovered from a Toto vehicle

                   bearing Registration No. BR-02RA-5819. Driver of the car,

                   namely, Golden Kumar was arrested on the spot, who disclosed

                   the name of the petitioner.

                                  4. Learned counsel appearing on behalf of the

                   petitioner submitted that petitioner is innocent and has falsely
Patna High Court CR. MISC. No.21266 of 2026(2) dt.16-04-2026
                                            2/3




          been implicated in the present case. Admittedly, at the time of

          the alleged seizure and recovery of illicit liquor, petitioner was

          not present and he has been made accused in this case, being the

          owner of the vehicle in question, which was given by the

          petitioner to his driver and the same was being driven by him

          at the time of said incidence and as such the petitioner had no

          idea that the driver was carrying liquor on the said vehicle.

          Learned counsel further informs that the driver Golden Kumar

          has already been granted regular bail by a co-ordinate Bench of

          this Court vide order dated 24.12.2025 passed in Cr. Misc.

          No.89092 of 2025. Petitioner has clean antecedent.

                        5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                        6. Having heard the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the FIR and the fact that the petitioner has clean

          antecedent and also the fact that the State has failed to

          implement its liquor policy in its true spirit, I am of the opinion

          that petitioner has, prima facie, made out a case to be released

          on pre-arrest bail.

                       7. The petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of his arrest or surrender
           Patna High Court CR. MISC. No.21266 of 2026(2) dt.16-04-2026
                                                       3/3




                     before the learned District Court within a period of four weeks

                     from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

                     Thousand) with two sureties of the like amount each to the

                     satisfaction of learned          Concerned Court where the case is

                     pending in connection with Magadh University P.S. Case No.

                     245 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the BNSS.

                                  8. The learned District Court is directed to verify the

                     criminal antecedent of the petitioner and if it is found that the

                     petitioner is involved in some other cases, as what has been

                     stated in paragraph no.3 of the bail application, this order will

                     automatically lose its force.



                                               (Purnendu Singh, J)
Sanjay/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.